Forward Contract The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code.
Standard Contract (2) Attachment C - (Standard Contract Provisions for Contracts and Grants)
Payment And Billing Arrangements The terms and conditions set forth in this Attachment shall apply to all services ordered and provisioned pursuant to this Agreement.
Billing Arrangements Unless otherwise agreed to in writing, you will receive a consolidated bill from the LDU for each billing period containing both the electric supply services provided by Starion and the services provided by your LDU. Your LDU will set your payment due date and payment address. You will continue to make payment for all of these services to the LDU in accordance with the payment terms stated in the LDU’s tariffs. Xxxxxxx’s charges are due when the LDU’s charges are due. Customer agrees to timely review its invoices and agrees that subject to applicable tariff and law, unless notice is given to Starion within ninety (90) days of the invoice date, all invoiced amounts will be deemed by you to be correct and Customer shall waive any right to dispute amounts set forth on such invoice. We reserve the right to assume any and all billing responsibility, including the LDU’s charges, if necessary. If we assume billing responsibility, we will follow the applicable Uniform Business Practices Act (UBP) and Home Energy Fair Practices Act (HEFPA), and the following provisions will apply: a $30 fee may be assessed for all returned payments; if you pay a lesser amount than is due, even if you designate it as a full payment, our acceptance of the payment is without prejudice to any other rights or remedies we may have, and you agree we may disregard your designation and apply the payment as a partial payment to your account; and if payments are returned two (2) times in a 12-month period, we may demand payment be made using a money order, certified check or electronic funds transfer.
IMPACT ON CURRENT SERVICES (OR PROJECTS) There will be no negative impact on current County services or projects during the performance of the recommended services.
Overdraft Liability The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds based on the available balance in your account to cover the draft or item: • Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us. • Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may set-off the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law. • Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items. We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Fee Schedule. National Automated Clearing House Association (NACHA) Rules allow Originating Depository Financial Institutions to reinitiate/resubmit an ACH debit returned due to NSF or uncollected funds up to two times. If the same draft or other transfer or payment order is submitted a second time, and there are insufficient funds in the account, it may be returned unpaid a second time with a fee assessed on the same item a second time. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney’s fees and court costs.
Measurement and Billing The Parties shall measure Interconnection in accordance with this Section 4.6 and xxxx in accordance with Article XXVII and this Section 4.6.
Forward-Looking Statements No forward-looking statement (within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act) contained in the Registration Statement, the Pricing Disclosure Package or the Prospectus has been made or reaffirmed without a reasonable basis or has been disclosed other than in good faith.
Credit Hours Credit hours are hours that an employee elects to work, with supervisory approval, in excess of the employees basic work requirement under a flexible work schedule. Credit hours may only be accrued under a flexible work schedule. Employees must notify their direct supervisor of their intent to earn credit hours and the duties to be performed at least four (4) hours in advance of the time. Management will respond and approve the credit hours if the work is assigned duties that could not have been performed during a normal tour of duty. Credit hours used are considered hours worked.
Overdraft In the event that the Custodian is directed by Proper Instructions to make any payment or transfer of funds on behalf of a Fund for which there would be, at the close of business on the date of such payment or transfer, insufficient funds held by the Custodian on behalf of such Fund, the Custodian may, in its discretion, provide an overdraft ("Overdraft") to the Fund (such Fund being referred to herein as an "Overdraft Fund"), in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Overdraft Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Overdraft Fund at a rate agreed upon in writing, from time to time, by the Custodian and the Overdraft Fund. The Custodian and the Funds acknowledge that the purpose of such Overdrafts is to temporarily finance the purchase or sale of securities for prompt delivery in accordance with the terms hereof. The Custodian hereby agrees to notify each Overdraft Fund by 3:00 p.m., New York time, of the amount of any Overdraft. Provided that Custodian has given the notice required by this subparagraph (f), the Funds hereby agree that, as security for the Overdraft of an Overdraft Fund, the Custodian shall have a continuing lien and security interest in and to all interest of such Overdraft Fund in Securities whose purchase is financed by Custodian and which are in Custodian's possession or in the possession or control of any third party acting on Custodian's behalf and the proceeds thereof. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee under common law and a secured party under the New York Uniform Commercial Code and any other applicable laws or regulations as then in effect."
